Man Pleads Guilty to Making Threats to Arizona Election Office

An Alabama man pleaded guilty today to sending threatening messages to election workers with Maricopa County Elections in Phoenix.

“The functioning of our democracy requires that our country’s public servants be able to do their jobs without fearing for their lives,” said Attorney General Merrick B. Garland. “We have no tolerance for this kind of heinous criminal conduct and the danger it poses to people’s safety and to our democratic process. Threats and acts of violence targeting those who serve the public will be met with the full force of the United States Justice Department.”

“Violent threats to election workers are threats to our democracy and democratic process. We cannot allow threats of violence against public servants to become normalized,” said FBI Director Christopher Wray. “The FBI takes seriously all threats of violence against public officials and will continue to pursue threats and acts of violence aimed at election workers.

“Brian Ogstad repeatedly threatened to kill Maricopa County election workers and officials,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “As today’s guilty plea demonstrates, the Department is committed to holding accountable those who target election workers and officials with threats of violence. I am especially grateful to the Election Threats Task Force, which continues to spearhead the Department’s efforts to ensure that public servants who administer our elections can do their jobs free from threats and intimidation.”

“This guilty plea should send a message to anyone who tries to take the rule of law into their own hands through vigilante justice,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “But it also showcases the resilience of public servants. Thanks to the election professionals in Maricopa County who have worked courageously to maintain free and fair elections in spite of the threats received.”

According to court documents, on Aug. 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through Aug. 4, 2022, Brian Jerry Ogstad, 60, of Cullman, sent multiple threatening direct messages to an Instagram social media account maintained by Maricopa County Elections. For instance, on or about Aug. 3, 2022, Ogstad stated, (1) “You did it! Now you are [expletive]. Dead. You will all be executed for your crimes”; (2) “[expletive] you! You are caught!  They have it all. You [expletive] are dead”; (3) “You are lying, cheating [expletive] . . . you better not come in my church, my business or send your kids to my school. You are [expletive] stupid if you think your lives are safe”; and (4) “You [expletive] are so dead.” On or about Aug. 4, 2022, Ogstad also stated, “[Y]ou people are so ducking [sic] stupid. Everyone knows you are lots [sic], cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang [expletive]!”

Ogstad pleaded guilty to one count of making a threatening interstate communication. He is scheduled to be sentenced on Oct. 21 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Phoenix Field Office is investigating the case, with substantial assistance from the FBI Birmingham Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona are prosecuting the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers—whether elected, appointed, or volunteer—are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. The task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

The task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.